Patent Litigation Support

A Patent litigation not only involves answering the question of law and but also requires insights to the complex technical issues. We provide various analyses to defend or impose an IP right. It is very important for the clients to understand that as the nature of the cases are techno-legal the team undertaking these cases should have techno legal background.

We provide support to the associated advocates or independent advocates, who are looking to understand the patented technology and act as their technical and patent expert.

• Patent Infringement Analysis : The first step before filing a court case is to determine whether the product sold or imported is actually the same product that is patented and it is also true for a process. Similarly, if an infringement notice is received, most of the times these notices may or may not disclose the patent they are infringing, in both the scenario’s it is not easy for a person not skilled in the art to perform infringement analysis and determine whether an actual infringement is taking place.
• Reverse Engineering : In case of a patent infringement, as a means of support to patent infringement analysis, usually reverse engineering services are undertaken to appropriate to prove and document infringement.
• Claim Charts : Are usually added as the part of the submission (evidence) formulated via inspection, testing and other practices, claim charts help you defend against patent infringement by aiding your counsel in building evidence for a strong case or can be used as a defence submission.
• Patent Invalidity Analysis : In case a defendant is seeking to build up a defence against an infringement suit, one of the options open for the defendant is to prove that the patent granted is not novel and/or not inventive by reviewing patent, non-patent and product references and getting the patent revoked under section 64 of the Indian Patent Act 1970.